Jury awards over $1 million in Lyons Pool death; victim was training underwater

STATEN ISLAND, N.Y. -- A Staten Island jury has awarded more than $1 million to the estate of a 21-year-old Manhattan man who died after going into cardiac arrest while performing a grueling underwater endurance regimen at Lyons Pool six years ago.

Bohdan Vitenko was pronounced dead in the hospital just over an hour after being pulled face down and unconscious from the bottom of the public pool in Tompkinsville on July 13, 2011.

Last week, after a six-day trial, a jury found the city 70 percent liable for Vitenko's death, and the victim 30 percent liable, court documents show.

In subsequent deliberations earlier this week, the panel awarded slightly more than $1.5 million to Vitenko's estate, said court records.

The breakdown was $440,000 for monetary loss from date of death until the verdict date, and just over $1 million for monetary loss sustained due to the death extending from the verdict date into the future.

The jury also awarded $40,000 for funeral expenses.

However, the city is only responsible to pay just under $1.1 million, based upon the apportioned liability.

The city is contemplating an appeal.

"While we recognize the tragic nature of this incident and appreciate the difficult task presented to the jury, we will be considering our post-trial options," said Nicholas Paolucci, a city Law Department spokesman.

Christopher R. Travis, the Manhattan-based lawyer for Vitenko's estate, could not immediately be reached for comment.

Proce's family alleged the city failed to follow its own safety and staffing protocols.

According to a report compiled by the city Health Department's Office of Public Health Engineering, there were three fewer lifeguards on duty than required by the Health Code and the Department of Parks and Recreation's approved safety plan.

In addition, a supervising lifeguard was not on duty and a defibrillator could not be located for five or six minutes, the report said. By that time, emergency medical technicians had arrived, the report said.

Advance reports, citing witnesses and law enforcement sources, said Vitenko and Proce had been fixtures at the pool's morning program since the season began that Memorial Day.

They would stay under water for long stretches, then hop out of the pool to do sit-ups and pushups before getting back in, the Advance reported.

According to the Health Department's report, lifeguards knew the two men were preparing to join the military; however, their training was not formally supervised.

On July 13, Vitenko and Proce had gone to the pool with two other men, who were swimming laps while the duo exercised, officials said.

Vitenko and Proce were seen sprinting underwater for 30 meters, coming up and repeating the circuit multiple times, said the report.

One of them was also observed doing pushups beside the pool.

Lifeguards believe the two men went to one side of the pool near the end of a morning aquatics session and began underwater breath-control exercises, said the Health Department report. The pool's depth was three and a half feet.

At about 8:25 a.m., a companion of one victim yelled for help, jumped into the water and pulled his friend out, the report said. Another companion plunged into the water and pulled out the second victim.

Both victims were given CPR until emergency medical technicians arrived and took over, said the report.

The pool was not required to have a defibrillator; however, Lyons, because it was a multiuse facility, did have one, the report said. But it couldn't be immediately located, said the report.

The victims were taken to Richmond University Medical Center, West Brighton.

According to the U.S. Naval Safety Center, hyperventilating or taking shallow breaths before submerging under water can deprive the brain of oxygen and disable the physiological triggers which typically produce the sensation of drowning, and bring people to the surface. The blackout occurs without warning, and victims often show no obvious signs of distress.

The Health Department report said the Parks Department had no written protocols or guidelines in effect at the time of the incident regarding prolonged breath-holding exercises.

By the same token, the report said, lifeguards likely had a hard time realizing the victims were in distress. The lifeguards on duty "responded appropriately and took the proper CPR measures within their resources" on becoming aware of the victims' distress.